An Equal Opportunity Provider and Employer

Animal and Plant Health Inspection Service Marketing and Regulatory Programs Animal and Plant Health Inspection Service Legislative and Public Affairs Freedom of Information 4700 River Road Unit 50 Riverdale, MD 20737-1232

January 23, 2015 David Karopkin 860 East 18th Street Brooklyn, NY 11230 Email: dkaropkin@gmail.com Dear Mr. Karopkin: This is our final response to your Freedom of Information Act (FOIA) request, dated and received in this office on July 8, 2014 and assigned tracking number 2014-APHIS-04327-F. You requested copies of any documents, including contracts, memos, emails or other correspondence, which relate to the following information:

1.) The removal of Canada geese in New York City between Aug. 1, 2013 and July 8, 2014 by USDA. This request includes any properties within the city's boundaries, including Gateway National Park and Jamaica Bay Wildlife Refuge, Riker Island, JFK and La Guardia airport, all New York City owned properties, and any privately owned properties. I would like to know the total number of geese taken at each site, the dates they were taken, where they were transported to, and if they were killed, the method by which they were killed.

2.) The removal of Mute Swans in New York City between Aug 1, 2013 and July 8,

2014 by USDA. This request includes any properties within the city's boundaries, including Gateway National Park and Jamaica Bay Wildlife Refuge, Riker Island, JFK and La Guardia airport, all New York City owned Properties, and any privately owned properties. I would like to know the total number of Mute swans taken at each site, the dates they were taken, where they were transported to, and if they were killed, and the method by which they were killed.

3.) The removal of feral cats in New York City between Aug. 1, 2013 and July 8,

2014 by USDA. This request includes any properties within the city's boundaries, including Gateway National Park and Jamaica Bay Wildlife Refuge, Riker Island, JFK and La Guardia airport, all New York city owned properties, and privately owned properties. I would like to know the total number of feral taken at each site, the dates they were taken, where they were transported to, and if they were killed, the method by which they were killed.

4.) The removal of any wildlife in New York City between Aug. 1, 2013 and July 8,

2014 by USDA. This request includes any properties within the city's boundaries, including Gateway National Park and Jamaica Bay Wildlife Refuge, Riker Island, JFK and La Guardia airport, all New York City owned properties, and any privately owned properties. I would like to know the total number of feral taken at each site, the dates they were taken, where they were transported to, and if they were killed, the method by which they were killed.”

David Karopkin 2 2014-APHIS-04327-F Enclosed are 99 pages of documents responsive to items 1, 2, 3, and 4 of your request, which 74 pages are being released in full, 9 pages are being released in part and 16 pages are being withheld in their entirety. Please note information has been withheld in accordance with Exemptions (b)(5), 5 U.S.C. § 552 (b)(5), and FOIA Exemption 6, 5 U.S.C. § 552 (b)(6) of the FOIA as explained below. Exemption (b)(5) permits the withholding of inter-and intra-agency records which are pre-decisional, deliberative which may contain agency employees advice, opinions and recommendations. Disclosure of such material would inhibit the open and candid expression of such views in similar future deliberations and have a detrimental effort on our decision-making process. Specifically, we withheld draft documents that were not signed by the cooperator. The documents will likely get modified again after changes are made. Its release would create a false impression about work that would happen and people who would be involved. In addition, information has been withheld under the provision of FOIA exemption 6. This Exemption protects information from disclosure when its release would cause a clearly unwarranted invasion of personal privacy and where such privacy interest outweighs any public interest which would be advanced by the disclosure of the individuals not employed with the Government. Information meeting this Exemption includes personal financial information and the identities of third parties. Specifically, we withheld the names, address, phone numbers, identity of third individual party and WS’s field investigator name. As a threshold matter, Exemption (b)(6) protects not only personnel files and medical files, but "similar'' files, which are interpreted by courts to cover personal information pertaining to individuals. In this case, personal information about a private citizen is a personal privacy interest. In order to determine whether a document may be withheld under Exemption 6, an agency must undertake a three-step analysis. First, the agency must determine whether a significant privacy interest would be compromised by the disclosure of the record. Second, the agency must determine whether the release of the document would further the public interest by shedding light of the operations and activities of the Government. Third, the agency must balance the identified privacy interests against the public interest in disclosure. We determined that the release of this information will not shed any light on how this Agency performs its duties and responsibilities. In this case, we have determined that there is a significant privacy interest in the individuals’ name and personal email accounts. The release of their names could cause unwanted contact and harassment. We have determined that there is some public interest in the names of these individuals would shed light on the work of APHIS employees and on the member of the public who was involved in the investigation. However, APHIS has determined that the identity of the individuals have privacy interests that are more than de-minimis. We have determined that the potential for identity theft and harassment outweighs any public interest in the records and the information will be withheld.

David Karopkin 3 2014-APHIS-04327-F You have the right to appeal our partial denial determination. If you choose to appeal, your appeal must be in writing and must be received at the following address within 45 days of the date of this letter. Please send your appeal to:

Administrator Animal and Plant Health Inspection Service

Ag Box 3401 Washington, D.C. 20250-3401

If you choose to appeal, please refer to 2014-APHIS-04327-F in your appeal letter and add the words “FOIA Appeal” to the front of the envelope. To assist the Administrator in reviewing your appeal, please provide specific reasons why you believe modification of the determination is warranted. If you have any questions, please contact Ms. Sophie Lau-Lopez of my staff at (301) 851-4083. Sincerely, For Tonya G. Woods Director Freedom of Information & Privacy Act Legislative and Public Affairs Enclosures